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Advertising & Marketing Law
Advertising & marketing lawyers
As a team of creatives ourselves, we’re constantly inspired by our clients’ innovation and creativity when it comes to marketing and advertising. Therefore, we’re dedicated to providing commercial, clear advice and expertly crafted contracts to our clients.
Through commercial clear advice and expertly crafted contracts, we take care of the legals, so that our clients to advertise, market and promote their businesses in an impactful (and lawful!) way.
In addition to working directly with businesses, we also work with advertising and marketing agencies, to ensure they keep on the right side of the law when working with their clients.
Who we work with
We represent an inspiring catalogue of ground-breaking agencies and businesses who work across all kinds of marketing and advertising disciplines… including traditional advertising, brand strategy, market research, graphic design, copywriting, PR and communications, digital media marketing and everything in between.
Looking for legal assistance or advice? We’d love to help. Get in touch with one of our advertising and marketing lawyers today.
Advertising & marketing legal advice services
We provide legal advice relating to advertising and marketing, such as:
- Pre-publication legal advice and clearances for content such as videos, podcasts, social media tiles and brand campaigns.
- Compliance with advertising and marketing ethical codes of conduct.
- Australian Association of National Advertisers (AANA) Code of Ethics.
- Australian Influencer Marketing Code of Conduct (AiMCO).
- Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021, Schedule 1 (TGA Code).
- Australian Consumer Law.
- Labelling and packaging advice.
- Running promotions, competitions, raffles and lotteries.
- Negotiations between agencies, talent and brands.
- Copyright matters, including rights, use, protection, infringement and commercialisation.
- Superannuation and tax obligations for talent and influencer engagements.
- Defamation and reputation management advice.
Advertising & marketing industry contract services
We can draft, review and negotiate a range of contracts relating to advertising and marketing, including:
- Client services agreements.
- Employment agreements.
- Contractor agreements.
- Agency agreements.
- Influencer and talent agreements.
- Talent releases.
- Location releases.
- Merchandising agreements.
- Terms and Conditions.
- Privacy policies.
Commercialiation services
We can help you and your clients commercialise your work:
- Brand Checks (recommended during the development of new branding assets for businesses)
- Trade mark registration and protection.
- Copyright protection and commercialisation advice.
- Domain name registration and transfers.
- Sponsorship, endorsements, publicity and merchandising opportunities and agreements.
Advertising & marketing dispute and infringement services
We have experience dealing with infringement and disputes in the advertising and marketing industry, including:
- Drafting and responding to cease and desist letters.
- Alternative dispute resolution.
- Negotiations and mediation.
- Copyright, trade mark and design infringement proceedings and litigation.
- Australian Consumer Law disputes and litigation.
- Defamation and reputation management disputes.
Common problems our advertising & marketing lawyers solve
- Can you review my post/video/podcast/campaign/event proposal for legal issues?
- Who owns the IP in work I create for clients?
- I’m starting a creative agency, what contracts do I need?
- I want to run a competition on Instagram, what terms and conditions do I need to include?
- Who is responsible for paying super to talent and influencers?
- What is the TGA Code… and what are “therapeutic goods”?
- What disclaimers do I need to include when creating advertisements for therapeutic goods?
- I run a marketing agency, should I hire staff as employees or contractors?
- Can I refer to another business in my business’ advertising campaign?
